The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) U.K.

140.—(1) The Leasehold Reform, Housing and Urban Development Act 1993 is amended as follows.

(2) In section 4A M1 (constitution of RTE company), in subsection (1)(b) for “memorandum of association states” substitute “ articles of association state ”.

(3) In section 4C M2 (RTE companies: regulations)—

(a) in subsection (1) for “memorandum of association and articles of association” substitute “ articles of association ”;

(b) in subsections (2) and (4) for “memorandum or articles” substitute “ articles ”;

(c) in subsection (5)—

(i) in the opening words, for “a memorandum or articles” substitute “ articles ”, and

(ii) in paragraph (a), for “the memorandum or articles” substitute “ the articles ”;

(d) for subsection (6) substitute—

“(6) Section 20 of the Companies Act 2006 (default application of model articles) does not apply to a RTE company.”.

(4) In section 5(6) (qualifying tenants: meaning of “associated company”), for “section 736 of the Companies Act 1985” substitute “ section 1159 of the Companies Act 2006 ”.

(5) In section 12A(3)(a) M3 and (b) and (4)(a) and (c) (notice inviting participation), for “memorandum of association and articles of association” substitute “ articles of association ”.

(6) In section 29(4A)(d) M4 (deemed withdrawal of notice of exercise of enfranchisement if RTE company struck off register), for “section 652 or 652A of the Companies Act 1985” substitute “ section 1000, 1001 or 1003 of the Companies Act 2006 ”.

Marginal Citations

M1 Section 4A was inserted by the Commonhold and Leasehold Reform Act 2002 (c.15), section 122.

M2 Section 4C was inserted by the Commonhold and Leasehold Reform Act 2002 (c.15), section 122.

M3 Section 12A was inserted by the Commonhold and Leasehold Reform Act 2002 (c.15), section 123(1).

M4 Section 29(4A) was inserted by the Commonhold and Leasehold Reform Act 2002 (c.15), Schedule 8, paragraphs 2 and 18(1) and (2).